SOUTH CAROLINA REVENUE AND FISCAL AFFAIRS OFFICE S TATEMENT OF ESTIMATED FISCAL IMPACT WWW.RFA.SC.GOV • (803)734-3793 This fiscal impact statement is produced in compliance with the South Carolina Code of Laws and House and Senate rules. The focus of the analysis is on governmental expenditure and revenue impacts and may not provide a comprehensive summary of the legislation. Page 1 of 2 H. 3058 Fiscal Impact Summary This bill creates the offense of intentional dissemination of intimate images or digitally forged intimate images without effective consent and establishes an associated penalty schedule. This bill may result in an increase in the number of general sessions court cases, and potentially the number of incarcerations, which may increase the workload of the court system and the Commission of Indigent Defense, the Commission on Prosecution Coordination, the Department of Corrections (Corrections), and the Department of Probation, Parole and Pardon Services (PPP). Judicial indicates that the increase in the caseload in general sessions court is expected to be managed within existing appropriations. However, if this bill results in a significant increase in the workload additional General Fund appropriations may be requested. The potential increase in expenses for each agency will depend upon the increase in the number of cases and number of incarcerations. These agencies indicate that if this bill results in a significant increase in the workload, then an increase in General Fund appropriations may be requested. For information, according to Corrections, in FY 2023-24, the annual total cost per inmate was $40,429, of which $36,553 was state funded. This bill may result in a change in the fines and fees collected in court. Court fines and fees are distributed to the General Fund, Other Funds, and local funds. Therefore, the Revenue and Fiscal Affairs Office (RFA) anticipates this bill may result in a change to General Fund, Other Funds, and local revenue due to the change in fines and fees collections in court. Explanation of Fiscal Impact Introduced on January 14, 2025 State Expenditure This bill creates a new felony offense for the intentional dissemination of intimate images or digitally forged intimate images without effective consent and establishes a penalty schedule including a fine and imprisonment. The bill also provides that dissemination of multiple images of the same individual may be considered separate and distinct offenses and prohibits duplication of such images for the purpose of criminal discovery requests and motions. Commission of the noted offense comprises a separate offense and does not preclude charges under other applicable provisions of law. Bill Number: H. 3058 Introduced on Januar y 14, 2025 Subject: Disclosure of Intimate Images Requestor: House Judiciary RFA Analyst(s): Gardner Impact Date: February 20, 2025 __________________________________ Frank A. Rainwater, Executive Director DISCLAIMER: THIS FISCAL IMPACT STATEMENT REPRESENTS THE OPINION AND INTERPRETATION OF THE AGENCY OFFICIAL WHO APPROVED AND SIGNED THIS DOCUMENT. IT IS PROVIDED AS INFORMATION TO THE GENERAL ASSEMBLY AND IS NOT TO BE CONSIDERED AS AN EXPRESSION OF LEGISLATIVE INTENT. Page 2 of 2 H. 3058 This bill may result in an increase in the number of general sessions court cases, and potentially the number of incarcerations, which may increase the workload of the court system and the Commission of Indigent Defense, the Commission on Prosecution Coordination, Corrections, and PPP. Judicial indicates that the increase in the caseload in general sessions court is expected to be managed within existing appropriations. However, if this bill results in a significant increase in the workload additional General Fund appropriations may be requested. The potential increase in expenses for each agency will depend upon the increase in the number of cases and number of incarcerations. These agencies indicate that if this bill results in a significant increase in the workload, then an increase in General Fund appropriations may be requested. For information, according to Corrections, in FY 2023-24, the annual total cost per inmate was $40,429, of which $36,553 was state funded. State Revenue This bill may result in a change in the fines and fees collected in court. Court fines and fees are distributed to the General Fund, Other Funds, and local funds. Therefore, RFA anticipates this bill may result in a change to General Fund and Other Funds revenue due to the change in fines and fees collections in court. Local Expenditure N/A Local Revenue This bill may result in a change in the fines and fees collected in court. Court fines and fees are distributed to the General Fund, Other Funds, and local funds. Therefore, RFA anticipates this bill may result in a change to local revenue due to the change in fines and fees collections in court.